Kang v. Wells Fargo Bank, N.A.

Filing 44

ORDER STRIKING #42 DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION; DIRECTING DEFENDANT TO REFILE BRIEF ON OR BEFORE NOVEMBER 13, 2018; AND STRIKING #43 DEFENDANT'S OBJECTIONS TO EVIDENCE IN OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. Signed by Judge Beth Labson Freeman on 11/8/2018. (blflc1S, COURT STAFF) (Filed on 11/8/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JAMES C. KANG,
Plaintiff,

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ORDER STRIKING DEFENDANT’S
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
OPPOSITION TO PLAINTIFF’S
MOTION FOR CLASS
CERTIFICATION; DIRECTING
DEFENDANT TO REFILE BRIEF ON
OR BEFORE NOVEMBER 13, 2018;
AND STRIKING DEFENDANT’S
OBJECTIONS TO EVIDENCE IN
OPPOSITION TO PLAINTIFF'S
MOTION FOR CLASS
CERTIFICATION

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[Re: ECF 42, 43]

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United States District Court
Northern District of California

Case No. 17-cv-06220-BLF

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v.
WELLS FARGO BANK, N.A.,
Defendant.

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The Court hereby STRIKES Defendant Wells Fargo Bank, N.A.’s Memorandum of Points

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and Authorities in Support of Opposition to Plaintiff’s Motion for Class Certification (ECF 42), as

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it violates this Court’s Standing Order Re Civil Cases, which directs that “[f]ootnotes are to be

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used sparingly and citations to textual matter shall not be contained in footnotes.” Judge

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Freeman’s Standing Order Re Civil Cases ¶ E.4. Defendant’s brief contains 87 footnotes, many of

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which consist of citations to authorities in support of textual matter contained in the body of the

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brief. Citations to authorities may not be contained in footnotes.

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Defendant SHALL FILE a corrected brief on or before November 13, 2018. The brief

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shall not be modified substantively but shall be modified only as to form to correct the errors

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noted above. Any footnotes contained in the corrected brief shall be in no less than 12-point font

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and double spaced. Because Defendant’s brief will not be modified substantively, Plaintiff’s

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November 15, 2018 deadline to file a reply is NOT extended.

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The Court hereby STRIKES Defendant’s Objections to Evidence in Opposition to

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Plaintiff’s Motion for Class Certification (ECF 43), as it violates the Court’s Civil Local Rules,

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which require that “[a]ny evidentiary and procedural objections to the motion must be contained

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within the brief or memorandum.” Civ. L.R. 7-3(a). Objections may be included in the corrected

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opposition so long as the brief does not exceed 25 pages in total.

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IT IS SO ORDERED.

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Dated: November 8, 2018
______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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